Carr v. Scott

BRITT, Judge.

Plaintiff assigns as error the trial court’s allowance of defendants’ motion for a directed verdict. We think the motion was properly allowed on the ground of plaintiff’s contributory negligence as a matter of law.

In Bledsoe v. Gaddy, 10 N.C. App. 470, 472, 179 S.E. 2d 167, 169 (1971), the test for determining whether a directed verdict should be allowed on the basis of contributory negligence is stated:

“A directed verdict on the ground of contributory negligence will be allowed only when plaintiff’s evidence, taken in the light most favorable to him, so clearly establishes…